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HomeMy WebLinkAbout92-216 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 92- 216 Being a By-Law to authorize a contract between Dundas Power Line Ltd. in respect to the Street Smart Lighting Program for the Town of Newcastle THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS AS FOLLOWS: 1. That, (subject to the approval of Ontario Hydro for an interest free loan under the Street Smart Program), the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Town of Newcastle, and seal with the Corporation Seal, a contract between Dundas Power Line Ltd. and said Corporation. That this By-Law not take effect until approved by the Ontario Municipal Board, pursuant to Section 64(1) of the Ontario Municipal Board Act. 2. By-Law read a first and second time this 9th day of November, 1992. By-Law read a third time and finally passed this 9th day of November, 1992. . ! ~ . .} - 1 - This Agreement made in duplicate this 20th day of January, 1993 BETWEEN: corporation of the Town of Newcastle (hereinafter called the "Applicant") - and - ONTARIO HYDRO , a Corporation continued under the Power corporation Act, R.S.O., 1990, c. P.18 (hereinafter called "ontario Hydro" or "Hydro") WHEREAS the Applicant has agreed to participate in the Street-Smart Lighting Program on the terms and subject to the conditions set forth in this Agreement; NOW THEREFORE and in consideration of the premises and of the mutual covenants hereinafter set forth and subject to the provisions of the Power Corporation Act, R.S.O. 1990, c. P.18, and the Regulations thereto, the parties mutually agree as follows: Article 1 - ADDlicant's ResDonsibilities 1.1 The Applicant agrees to convert all of its qualifying street lights by December 31, 1994 in accordance with the plan of Work set out in Schedule "A" attached hereto and forming part of this Agreement (the "Work"). , ' - 2 - 1.2 The Applicant shall notify Ontario Hydro of any significant changes in the Work and ontario Hydro may concur with such changes or may elect to terminate this Agreement in accordance with Article 12 herein. 1.3 The Applicant may sub-contract all or part of the Work to a contractor approved by ontario Hydro. 1.4 The Applicant shall convert all of it's qualifying street lights by December 31, 1994, in accordance with the plan of Work contained in Schedule "A" and time shall be of the essence. Article 2 - ADDlicant's Warranties 2.1 (a) (b) For the purposes of this Agreement, the term "municipality" means the corporation of a county, city, town, village, township or improvement district and includes a local board thereof and a commission or other local authority exercising any power with respect to municipal affairs or purposes in an unorganized township or unsurveyed territory; The Applicant represents and warrants that it is a municipality within the meaning of "municipality" as defined herein and has the corporate power and authority to enter into and perform .its obligations under this Agreement; , ' - 3 - (c) The Applicant represents and warrants that it has entered into a contract for the supply of power with ontario Hydro or a municipal electric utility having jurisdiction in the municipality. (d) The Applicant represents and warrants that it is the owner of the equipment and the lights which are the subject matter of the Work. 2.2 (a) The Applicant agrees that all the Work to which this Agreement applies shall be performed in a good and workmanlike manner and shall be carried out in accordance with all the applicable laws and regulations of Canada and the Province of ontario and by-laws of the municipality within which the Work is to be performed, including carrying out the Work in a manner and to a standard which gives due regard to the environment, storage and transportation of dangerous goods, employee and public safety. (b) The Applicant has obtained all licences, permits and approvals from any and all governments, governmental commissions, boards or other agencies required in respect of its operations. 2.3 The Applicant agrees that it will remove and destroy all existing lights and fixtures or parts thereof which are removed as a result of performing the Work. The Applicant further agrees to provide evidence satisfactory \ ' - 4 - to ontario Hydro, that all such lights and fixtures have been removed, disposed of or destroyed in accordance with all applicable regulations including Director's instructions received from the Ministry of Environment from time to time. 2.4 without limiting the generality of the foregoing, the Applicant agrees that it will handle all ballasts, containers and other receptacles containing PCBs according to the Ministry of Environment's standards, regulations, guidelines and procedures, as amended from time to time, and in particular Regulation 309 of the Environmental Protection Act, R.S.O., 1990, c. E.19. The Applicant further represents and warrants that it is in compliance with section 6 of o. Reg. 11/82, and in accordance with written Director's instructions received from the Ministry of Environment from time to time. 2.5 The Applicant represents and warrants that it possesses all environmental licences, permits and other documents necessary to perform the Work, including, without limitation, operations at its disposal site. The Applicant is not aware of any release of any hazardous substance or contaminant into the environment from or the deposit or disposal of any hazardous substance or contaminant on the property owned or leased by the Applicant and used as a disposal site. : - 5 - 2.6 The Applicant acknowledges that those of its employees having responsibility for management of waste and the employees of its contractors carrying out the Work have read the Guidelines for the management of wastes containing Polychlorinated Biphenyls (PCB's) published by Environment Canada dated September 1989 and revised from time to time. 2.7 In the event that ontario Hydro agrees to store PCB's for the Applicant, the Applicant shall enter into a separate agreement with ontario Hydro. Article 3 - ontario Hvdro Res~onsibi1ity 3.1 Subject to Article 12, ontario Hydro shall pay the Applicant in accordance with Article 4 hereof. 3.2 ontario Hydro may in its sole discretion supply the Applicant with general guidance and advisory services related to the performance of the Work under this Agreement provided, however, ontario Hydro shall have no responsibility or liability for such advice and assistance. 3.3 ontario Hydro will undertake to promote the improvements resulting from the Work to other municipalities and townships in Ontario. - 6 - Article 4 - Costs and Payments 4.1 Prior to the performance of the Work or if the Work is to be carried out in phases, the performance of each phase, the parties shall agree on the total cost to carry out the Work or such phase. ontario Hydro shall reimburse the Applicant for 25% of the total cost to carry out the Work or if the Work is being carried out in phases 25 percent of the total cost of each phase (the "Incentive"). The cost of the Work or any phase thereof includes the Capital Cost, both direct and indirect, of installing qualifying fixtures, lamps, wiring, fuses, cross arms and brackets, and including labour with associated overheads, PCB storage, and related equipment costs but not including the cost of any poles. provincial Sales Tax and that portion of the Goods and Services Tax (GST) not reimbursed to the Applicant from Revenue Canada is also included. Subject to Articles 1, 4.2 and 12, ontario Hydro shall pay the Applicant the amount described herein in a series of progress payments as follows: (i) twenty-five percent (25%) of the applicable Incentive on execution of this Agreement by the parties hereto, and (ii) seventy-five percent (75%) of the Incentive upon completion of the Work or of the work associated with each phase and a proof of expenditures certified by the Applicant with all invoices attached acceptable to ontario Hydro. . ' - 7 - Upon the expiry or termination of this Agreement, ontario Hydro shall do a reconciliation to ensure that the sum of the Incentives paid for individual phases does not exceed 25 percent of the total cost to carry out the Plan of Work. Accordingly, the Applicant shall forthwith reimburse Ontario Hydro for any overpayment. 4.2 If the Applicant prefers to receive the Incentive by way of a loan in accordance with ontario Hydro's Business Finance Plan, subject to Articles 1, 4.1 and 12, ontario Hydro shall pay the bank, on behalf of the Applicant, the interest portion of the monthly loan payments associated with the loan made between the Applicant and a duly qualified chartered Bank in Canada such that the aggregate present value of the interest portion paid by Ontario Hydro over the term of the loan shall equal the approved amount of the Incentive. 4.3 Upon non-completion of the Work or in the event that the Work is abandoned for any reason prior to completion, any payment made by ontario Hydro in excess of the proportion of Work completed shall be reimbursed immediately to ontario Hydro by the Applicant together with interest in accordance with section 9. Article 5 - Publicity 5.1 Any report, announcement, brochure, audio visual material or other public communication or publication relating to this Agreement or the Work shall be first - 8 - approved by ontario Hydro and shall reflect the participation of ontario Hydro in the Work. 5.2 Any report, announcement, brochure, or other public announcement of the Work by the Applicant within five (5) years of the expiry or termination of this Agreement shall acknowledge the contribution of ontario Hydro. This provision shall survive any such expiry or termination. 5.3 ontario Hydro reserves the right to publish brochures and other material related to the Work and results achieved upon notice to the Applicant. 5.4 In the event of any sign erected at or near the location of the Work, the Applicant shall acknowledge the contribution of ontario Hydro. Article 6 - Indeoendent Aoolicant 6.1 The Applicant shall conduct its own business and maintain its status as an independent contractor. This Agreement does not create an employer-employee relationship, nor any agency, joint venture or partnership relationship between ontario Hydro and the Applicant. Article 7 - Qualified contractors 7.1 The Applicant shall engage only qualified contractors to perform the Work. The Applicant shall ensure that the contractor is responsible, in addition to - 9 - any other terms in any agreement with the contractor for the safety of its employees in accordance with the Occupational Health and Safety Act, R.S.O., 1990, c. 0.1. 7.2 Any contractor engaged by the Applicant shall ensure that for that portion of the Work which is performed within ten feet or three metres of a live electrical distribution or transmission line or associated apparatus that: (a) each work crew shall have at least two persons; (b) one person in the crew shall have valid "power line maintainer certificate qualifications" issued by the Ministry of Colleges and universities; (c) at a minimum, the second person shall have completed the power line maintainer indoctrination course. 7.3 Employees of the contractor shall be trained on traffic control as outlined in the Traffic Control Manual from Roadway Work Operations published by the Ontario Ministry of Transportation and Communications as revised from time to time but all in accordance with any amendments with Provincial or Federal laws, rules, regulations or specifications. - 10 - 7.4 Employees of the contractor shall be knowledgeable in the handling of PCB ballasts and other hazardous materials necessary to perform the Work, all in accordance with applicable legislation, and in particular the Environmental Protection Act, R.S.O., 1990, c. E.19, including any Director's written instructions issued from time to time pursuant to section 6 of Ontario Regulation 11/82. Article 8 - security 8.1 Ontario Hydro shall be entitled to request security for repayment of any portion of the incentive or the total amount thereof, which security may take the form of a letter of credit acceptable to Counsel for Ontario Hydro. Article 9 - Default 9.1 For the purposes of this Agreement, it is understood and agreed that Ontario Hydro is contributing to the Work on the understanding that the Applicant will convert all of its street lights by December 31, 1994. Accordingly, the Applicant shall be in default of this Agreement if it ceases or threatens to cease converting, operating and maintaining its street lights or to carry on its business in the ordinary course or if it is bankrupt or insolvent. In the event of a default under this Agreement, Ontario Hydro shall be entitled to . . - 11 - immediately terminate this Agreement and be reimbursed the sums paid by ontario Hydro in accordance with Article 4 plus interest at the Bank of Montreal's prime rate of, interest compounded semi-annually. The termination of this Agreement will not relieve the Applicant from any liability that it may have to ontario Hydro as a result of any event or breach giving rise to termination. Artiole 10 - Limitation of Liability, Indemnifioation and Insuranoe 10.1 In no event shall ontario Hydro be liable for any bodily injury, death or property damage to the Applicant, its employees, agents or sub-contractors or for any claim, demand or action by any third party against the Applicant, its employees, agents or sub-contractors arising out of or in any way related to this Agreement or the Work, unless the same is caused by the negligence of an employee or agent of ontario Hydro while acting within the scope of his or her respective employment. 10.2 In no event shall ontario Hydro be liable for any incidental, indirect, special or consequential damage or any loss of use, revenue or profit of the Applicant, its employees, agents or sub-contractors, arising out of or in any way related to this Agreement or the Work. 10.3 The Applicant shall indemnify and save harmless ontario Hydro and its representatives against any and all liability for death of or injury to persons and/or damage . ' - 12 - to or destruction of property occasioned wholly or in part by any act or omission of the Applicant, its contractors, agents or employees, including any and all expenses, legal or otherwise (including court costs and reasonable lawyers' fees), incurred in the defence of any such claim or suit insofar as it may arise from carrying out of the Work contemplated by this Agreement and in particular the Applicant shall indemnify and save harmless ontario Hydro and its representatives from any and all liability referred to above in respect of ontario Hydro-owned poles and other equipment. 10.4 The Applicant warrants that the Work will not infringe upon or violate any patent, copyright, trade secret or any other proprietary right of any third party and indemnifies ontario Hydro in the event of any such infringement or violation. 10.5 The Applicant shall maintain and shall cause any contractors to maintain comprehensive general liability and automobile liability insurance (owned and non-owned or hired units) each subject to limits of not less than $1 million inclusive per occurrence and shall, upon the request of Ontario Hydro, forthwith deliver a certified copy of said insurance coverage to Ontario Hydro. ." I. , - 13 - Article 11 - Term 11.1 This Agreement shall extend from the date above first written until December 31, 1994 or the date of completion of the Plan of Work, whichever is earlier. 11.2 If there is a delay which threatens the completion of the Work as set out in Schedule "A", the Applicant shall provide prompt written notice to ontario Hydro. On receiving notice of such a delay, ontario Hydro shall provide written approval of a reasonable extension of the completion dates. Article 12 - Termination 12.1 Subject to Article 9, ontario Hydro may terminate this Agreement upon thirty days' written notice to the Applicant if the Applicant is in default of or in breach of this Agreement. 12.2 In the event of bankruptcy or insolvency of the Applicant during the term of this Agreement, ontario Hydro is under no further obligation to provide financial assistance under the terms of this Agreement and may, without notice to the Applicant, terminate this Agreement. 12.3 Upon early termination of this Agreement, any and all financial assistance proportionate to the non-completed Work provided by ontario Hydro becomes forthwith due and repayable by the Applicant. - 14 - Article 13 - Personnel 13.1 The Applicant shall not assign this Agreement or engage contractors or sub-contractors other than those which can satisfy the requirements of Article 7 without the prior written consent of ontario Hydro. No assignment or sub-contract shall relieve the Applicant from any obligations under this Agreement or impose any liability upon ontario Hydro to any assignee or other person. Article 14 - Notices 14.1 Legal notices to ontario Hydro required under this Agreement shall be in writing and forwarded to: L.E. Leonoff General Counsel and Secretary ontario Hydro 700 University Avenue (H19-F27) Toronto, ontario M5G 1X6 14.2 All other communications to ontario Hydro shall be forwarded to: . Manager, Business Markets Department Streetlighting Conversion Program c/o Energy Management and corporate Relations Branch Ontario Hydro 700 university Avenue (C26 A6) Toronto, ontario M5G 1X6 14.3 Notices to the Applicant under this Agreement shall be in writing and forwarded to: Director of Public Works Corporation of the Town of Newcastle 40 Temperance Street Bowmanville, ontario L1C 3A6 - 15 - The designation of the person to be so notified or the address of such person may be changed at any time by either party by written notice. . Article 15 - InSDection 15.1 ontario Hydro and its representatives shall be entitled to review, during normal business hours, all results of the Work and all records, documents, reports, accounts or other materials of the Applicant relating to the Work. 15.2 With the exception of inspections pursuant to the Electrical Safety code, it is understood and agreed that any inspections of the Work by ontario Hydro are strictly limited to verifying that the Work qualifies for an Incentive and does not in any way imply or warrant performance which is a matter between the Applicant and its contractors. Article 16 - No Waiver 16.1 The'failure of any party to enforce the provisions hereof shall not be construed to be a waiver of such provisions or the right of such party thereafter to enforce each and every such provision. Waiver of any breach shall not be deemed a waiver of any other breach, even if similar in nature. - 16 - Article 17 - Tax Liabilitv 17.1 ontario Hydro shall not be responsible for any tax liability imposed on the Applicant as a result of receipt of the Incentive(s). Article 18 - EauiDment 18.1 When purchasing equipment or services for the purpose of this Agreement, the Applicant agrees to give preference to Canadian companies where all other factors are equal. 18.2 Any equipment or services supplied to the Applicant for the purposes of this Agreement will be supplied by a supplier at arm's length from ontario Hydro and the Applicant. Article 19 - Entiretv 19.1 This Agreement and the schedules hereto attached constitute the entire agreement between the parties and supersedes any previous agreements and understandings related to the Work. This Agreement may not be altered, amended or modified except by a written instrument signed by the duly authorized representatives of the parties. - 17 - IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the day and year written above. and Corporate C - 18 - SCHEDULE A STREET-SMART LIGHTING PROGRAM Work Plan For The CorDoration of the Town of Newoastle THE WORK SHALL BE PERFORMED BY THE DATES SPECIFIED IN APPLICATION # C93322 AND IN ACCORDANCE WITH THE CONTRACT BIDS ATTACHED TO AND FORMING PART OF THIS SCHEDULE A Schedule 'A' C 93322 REGION AREA STREETLlGHTING DELEGATE FIELD OFFICE DATE RECEIVED Street-Smart Lighting A Provincial Incentive Program Offered By Ontario Hydro 1.0 Program Terms: ~ This program is open to all Ontario municipalities and townships, including unorganized townships or unsurveyed territory. ~ Under this program, Ontario Hydro provides financial assistance for the conversion of 100% of a municipality's streetlighting system to a HIGH-EFFICIENCY SYSTEM. ~ The amount of assistance provided is equal to 25% of the Total Project Cost, as defined below. It can be taken as either: 11 A CASH GRANT 1/4 paid upon approval of the project by Ontario Hydro and the remainder when the work is completed and the contractor's invoice is submitted. 2/ AN INTERES"f-FREE LOAN under the terms of Ontario Hydro's ENERMARK BUSINESS FINANCE PLAN. To appl~ complete the attached Finance Plan application form. 3/ A LOW-INTEREST LOAN under the terms of Ontario Hydro's ENERMARK BUSINESS FINANCE PLAN. To apply, complete the attached Finance Plan application form. ~ A municipality has four years ending December, 1994 to apply and complete the streetlighting conversion. The conversion can be staged over this period into separate work segments. Each work segment must be completed within approximately eight months of its start date. ~ Total project cost includes the cost of lights, fixtures, wiring, fuses, arms, brackets, labour, PCB storage, and other ancillary costs. It does not include the cost of poles and the Goods and Services Tax. ~ A complete INVENTORY of the current lighting system and a DETAILED WORK PLAN must be attached to the application. ~ ALL CONVERSIONS SHOULD MEET MEN IES RECOMMENDED LIGHTING LEVELS. ~ All ballasts containing PCB's must be handled according to the requirements of the Ontario Ministry of the Environment. ~ Ontario Hydro-owned lights are eligible for conversion as part of this program. Apply through your local Ontario Hydro Area Office. ~ All replaced streetlights must be dismantled and destroyed. ~ Ontario Hydro reserves the right to publicize the results of any conversion project that is assisted under this program. ~ Ontario Hydro decisions relating to project, product eligibility and amount of financial assistance are finaL ~ Ontario Hydro does not endorse any particular product, manufacturer, contractor, supplier or installer of streetlighting products. ~ Ontario Hydro reserves the right to change or terminate this program at any time, but will process applications submitted prior to these changes under the previous rules and procedures. 2.0 Applicant Information: Municipalityrrownship Name: TOUR af )leweastle Address: 40 Temperance Street Bowmanville, Onto Postal Code: Lie 3A6 1. Marie Marano, Treasurer Project Contact Name: 2. Walter Rvan!':, nirel't'nr nf Pllhlil' Wnrk!': Title: lelephone Number: 416-623-3379 Fax Number: 416-623-4169 Financial Assistance Selected: D Grant o Interest-Free Loan D Low-Interest Loan 3.0 System Information: Streetlights Owned By: G Municipalityrrownship D Local Utility Name: o Ontario Hydro D Other Name: If (Ontario Hydro', please indicate the number of lights 94 Streetlight System Operating Costs: Provide costs for last two years. 19 ..2!L. 19~ Total Energy Cost: $ NOT $ 166,032 Maintenance Costs: $ AVAILABLE $ 109,000 4.0 DETAILED STREETLIGHT INFORMATION TOWNrrOWNSHIPIMUNICIP ALITY=NEWCASTLE 21-0ct-92 l~rr~.".:i;;i"ltli 1riC:tri.d.~~~.: 100N/1@ :..:..:: :100 99 :::: 99 H 9900 ...::.......:.:. 100'::: 30 ::130 :870..:::(o2~7() EEl\\){{.....: .:: ,150.': N/1@...:.': . '150 : :..100 30 130 .......:.... .:::::: .:;:.:.:... }//{ tMt...::::.:.:.::.....::.:.:..:. '200' N/A:....: : 200 . .:......:.:.::..:.:::: I). {/}.::: : 300: N/A : : 300 ?:.}: :..::':X.}} :.::{(........\:}.......... ..:.}:, 500' ::::N/A '500 :::::...... Mercurv Vanour 175 35 210 / 1 125 30 155 51 175 35 210 210 250 35 285 15 250 35 285 902 250 35 285 13 400 50 450 124 400 50 450 3 ~=.::.~~: : ~..: : 1;~ E~~~: SOdium\"':. '150/:40 190 OLES>>> ::: ::: : ::::200. :::::: 50 : 250 ..... ...;.;.:.:... ... 250 55 305 :..:::.' "'::.=::;.;::::::::: :::::::;:::. '" ..:. u '~::i::400.h5" 475: .:...... :..:.:::. ....{\..../ ;.::::. : : '95: 095 Low Pressu 35 24 59 SOdium 55 24 79 90 35 125 135 40 175 180 40 220 FlUor~ji&nt .{{{(\:..:: .:)?:{}.....: ..:.:."........:.::.: :2 ramr........: )(}}1l} ::)/):40.....110.. :2 ram 4~((: .:....:.i30:{()\40 ............170 : : :2 ramti~...: .. 190': : .....40 : 230 4 ram 4~....)..: :: 26Q ..........::::...80 340 4 ram 6"......... ........:..380 :::: ::: SO. ::: : : 460 :2ram .4"....... (\....200::.:....{(tiQ.: : 260 ::: .21im ..::tif{:: //\..300: ..........}}80: : : ....380 .: :............ ....: . '('ram .'i4n::: :.:::.:: ::::400. .....<....120: ..:<......................520 ::::::2:1~~::1;:::';'~~1...'.. ;..~~~a:~;~= . :.f:....,...... . "'.:. ,,:;i Ht..::.:.. 1 51 210 15 902 13 124 3 sa 17 1 210 150 40 7.905 100 30 44.100 100 30 4.275 100 30 257070 150 40 3 705 250 55 55.800 250 55 1.350 150 40 : ::: :::: 100.........:)30 150............:40 . :.:250 H:: 55 : ::: ::....:.:{{:::. :.....:. :..:...:\}:.:..::. : :: .:..:.:....}}::{ . :: \.........:.....:::. .:.:.:..:..:::.:.:,....:.:...:::..:..:::.:.... 3I .(1......:::....:...:...:::....{........... ::.:::.:.:.:...:.........:.:...:.......: 7#.. : ...:::.....::::.. /.........:.. :....:.:......:..... .....:\\\:::.:.:......:::.}::...........:\:...:. )}.:J:::)\{............l:::: : : : ,':.".:.:':.:.:.:.:.J.::::...::::.::}}...:.}:.:...::: ... .::'.':' ... . H. \\...}::::....<,::.:::::.:... .' :.........:.:}:(::.:. .::::......1:}::.:.:.:.:.'.:.::.":': H' H::: :..:.:.}:{:::....:\........:::..: . H ::.:::::::::::.::::::::..:.1::::....::::......:.:..:. :3841J15' Simple Payback = Total Project Cost/(Annual S.L.Charge x KW Saved) \::'80 190 190 20 130 6 630 1 275 130 27300 16800 130 1.950 2.325 190 171.380 8S 690 305 3 %5 (260 305 37820 17980 190 570 780 ~ ::: :./1,540' :.::....).:.::....:]ni4o : ~ . . .:.........3230 :::: (3~230 : : 30S . . .:...........305 .:..::............:....:..... ::.(305 ... ...::....:/\.:. :: ::::. .....}}::....:. :.. ...:::.}..}::::::. . . :....:. .).::....:.::: .:..:.....:..}}:...,.:::...:..::....::... .:..:.::...:..:.:.:.:........{{{::::..... 7'" 7 .:::{{..r....: }}...:/..():.....: .1:0 ':.:i. .\::.:.{:{/..\.::::(. .......::...::.:.:::.......::.:..:..::::.........\{<.. ....fu...:...... .;:........:..............:.:.:.. . .... ::;::;:.... .. 'H::;' . ..::::..:.: :.{{.:.................:...}..........., . ::: . . :.~.~.:.~?~;;\:. ::/r:~:;;'" :.:.:.... .. :'.': :~:~:::i:~:~~\~~f~ri::i~:\\~: ...... .,<> .}} .:::...::.::::::..:..:.}{ ..,::::=. ...;::;:::::::::... ..... :. ..:.......:..:.:c .......: ......... ..... .. .... ./ ...:..::.......::::::..:...::::: ..... ..::..:: .. :...:.:::=........:..::.\/.... : :... : .:::r::::f::::::::;: :-:.:::.}=::;. {{~~(:~~:~t~t~::f:t:~::t~~: 455.1:273;)75O:::::1.1J,j565: '5.0 Project Information: Does the Conversion include Light Level Upgrade: 0 YES [] NO If {{YES'~ provide details: Infilling included ~ as per detailed in attached document. If this project is going to be staged, please attach a sheet that breaks down the work segments (timing and project cost estimates must be included for each stage). Estimated Project Costs (For the Whole Project or the Initial Stage;whichever is appropriate). Total Labour Total Materials Other Expenses CST Total Cost: Total Cost less CST $ $ See Attached $ Summary Sheet $ and Comments $ $ Please specify in the ({comments}) space below. . This is the value used to establish Ontario Hydro contribution. Attach Contractor's Bid Comments, if any: Tender to be called - Fall 1992 (see copy of letter attached) Planned Start of Project: T:ml1~ry' q3 Expected Completion Date: March' 93 (Project must be completed within approximately eight (8) months from the start date.) Project to Be Completed By: D Municipal Utility ~ Contractor If a contractor is selected, complete the following section: Contractor's Name: Dundas Power Line Ltd. Contact Person: Frank Reerkens Address: R.R. III Chesterville, ON Postal Code: KOG 1RO Phone No: 613-448-3400 (FAX 448-1400) Please indicate contractors' qualifications: Completed 13 Similar Projects for Municipalities L. h th h b.d h . Black and MacDonald, Ron Robinson (Oshawa) 1st t e 0 er contractors t at I on t e project: Cliffside Utilities Ensure that you contact your utility (supply authority) before application is submitted to let them know what is being proposed. . I certify that the ~thiS application is accurate in all respects. slgnature&~ Date: November 9, 1992 Name: M. M~r~no I w. F.vRnR Title: Treasurer / Director of Public Works 5'.0 Project Information: Does the Conversion include Light Level Upgrade: DYES If {(YES'~ provide details: DNa If this project' is going to be staged, please attach a sheet that breaks down the work segments (timing and project cost estimates must be included for each stage). Estimated Project Costs (For the Whole Project or the Initial Stage, whichever is appropriate). Total Labour Total Materials Other Expenses CST Total Cost: Total Cost less CST $ $ $ ~ $ $ 146,353.00 30,207.81 461,748.01 431,540.20 . This is the value used to establish Ontario Hydro contribution. 285.187.20 See attached ~~der... Please specify in the {~~ments" space below. Attach Contractor's Bid Comments, if any: Other Costs reflect contingencies and overhead expenses, Contract administration, inspection and Hydro connection charges. Planned Start of Project: Expected Completion Date: (Project must be completed within approximately eight (8) months from the start date.) Project to Be Completed By: D Municipal Utility D Contractor If a contractor i~ selected, complete the following section: Contractor's Name: Contact Person: Address: Postal Code: Phone No: Please indicate contractors' qualifications: List the other contractors that bid on the project: Ensure that you contact your utility (supply authority) before application ~s submitted,to let them know what is being proposed. Signature: I certify that tpe information given in this application is accurate in all respects. Date: Name: Title: , .' Q EnerMarlc . The Electricity People Business Finance Plan Application Form for loans over $100,000 * . Loans under this amount may be negotiated with the Customer's own bank. See your Advisor for details, -~. ... n Financed by : . Canadian Imperial ^ _ . _ _ _ _ Bank of Commerce Form 03 REGION: Durham DATE: ,9 12 10,8 I 016, yy/mm/dd N2 C 93322 STREETLlGHTING DELEGATE: 1.0 CUSTOMER INFORMATION (To be completed by the Customer) Municipality/Township Name Town of Newcastle City Bowmanville Mar~e Marano Project Contact Name Walter Evans Phone , 4 I 1 I 6 1_ I 6 12 I 3 I_I 3 ,3 I 7 ,9 Area Code Provo ONT Postal Code 1 L ,1 1 C 13 f>. 1 6 Tr'easurer Title Director of Public Works Address 40 Temperance Street PRINCIPAL BANKER Bank of Nova Scotia Name Contact Person Yvonne Agueci (Manager) City Bowmnville. Ontario AUDITORI ACCOUNTANT Phone I 4 I 1 I 6 1_ I 6 I 2 , 3 I-I 2 11 I 2 12 Area Code Provo Out. Postal Code 11 11 I r. 11 1 1> 15 Address 200 King Street East Deloitte & Touche Contact Person Bernie Chandler Name Address 2 Simcoe St. South Phone I 4 11 I (i I - I " I 7 I q I - 1 R I ? I 0 I? I Area Code SOLICITOR/LAWYER Name Shibley Righton Contact Person Denni!':: Hpffprnn Address Box 32. 501 Bay Street Phone I 4 11 '6 I-I 3 16 131-19 13 'Ii! 11 1 Area Code City Toronto Provo ant. Postal Code 1M I 5 I H I 2 I Z I 11 INSURANCE AGENT Name Frank Cowan Co. Contact Person David Reed Address Princeton Phone 15 11 191-14 I') 181-1411111 1 I Area Code City Provo Onr Postal Code I NIO I 111 I "10 1 2.0 FINANCIAL INCENTIVES (To be completed by the Customer and Advisor) Customer is applying for (check one of either): ill V OPTION A: 0% Loan Note: Term and Interest Rate are fixed at date of dr_down. Rate: % Amount: $431,540.20 Term: 60 Months 0 V OPTION B: Interest-Assisted Loan: Note: Term and Interest Rate are fixed at date of dr_dOWn. Rate: % Amount: $ Term: Months City Oc;b~wa Prov, 0 t fi . Postal Code II. , 11 H I 7' N I 11 3.0 APPLICATION FEE/LEGAL COSTS An application for a loan must be accompanied by a $500 deposit, by way of bank draft or certified cheque payable to Canadian Imperial Bank of Commerce. This deposit will be forfeited if the application is withdlcNVn; returned if the application is rejected, or applied toward the first repayment amount if the application is accepted. Appf'Olal of this application by Canadian Imperial Bank of Commerce may be subject to various terms and conditions. Any legal or out-of-pocket expenses incurred by Canadian Imperial Bank of Commerce are for the account of the borrower. 4.0 DECLARATION l/We hereby authorize Canadian Imperial Bank of Commerce or Ontario Hydro, as appropriate, to obtain or pf'Olide credit information in connection with this application to/from any credit bureau or any financial institution or other person with whom we have or propose to have financial dealings. The Bank may advise Ontario Hydro as to the acceptance or rejection of the loan and on an ongoing basis, the status of the loan. l/We certify that, to the best of my knowledge, the foregoing information is correct and complete. DATE: J 9 I? I 0 I R I OJ h I w/mm/dd Borrower's Name: M. Marano, Treasurer Company Seal Clerk 5.0 P APPLl N PROCESS Upon receipt of this application, Canadian Imperial Bank of Commerce will contact the applicant to: 1. Acknowledge receipt of application; 2. Obtain additional information if it is deemed necessary; 3. Arrange to be provided with required signing authorities, borrowing resolutions, etc.; and 4. Establish methods of repayment, Le., post-dated cheques or pre-authorized debit to borrower's bank account. 6.0 INFORMATION - IMPORTANT - Please Read Carefully ~ The obligation of Ontario Hydro under the terms of the EnerMark Business Finance Plan is restricted to the payment of some or all of the interest on a set term loan contracted with the CIBC by the municipality to finance a project qualifying under the Street-Smart Lighting Program. Ontario Hydro pays the interest contribution directly to the lender, on behalf of the borrower. ~ Ontario Hydro has neither control over nor input in the decision to grant a loan to a municipality. This decision is taken by CIBC, according to its own decision criteria. ~ For project costs greater than $100,000, up to 50% of the loan may be drawn down when 50% of the work has been completed. ~ Along with this application, please submit: . FINANCIAL STATEMENTS OF LAST FISCAL YEAR; and . DEPOSIT OF $500.00 (bank draft or certified cheque). ~ CIBC will request a copy of the Ontario Municipal Board approval for the project directly from the Customer. 7.0 RESERVED FOR HEAD OFFICE USE 1. Application checked for completeness: Administrative Review Officer: Date: I I I w/mm/dd 2. Credit review (if applicable): Credit review: Disposition of credit: 3. Disposition of application: Required: Rejected: Rejected: Date Completed: Approved: Approved: I I I w/mm/dd Q EnerMarIc The Electricity People Business Finance Plan 01/08/93 15:35 1i'416 686 9807 ONTARIO HYDRO ~004 ..:. . ~ ...-...:: . . . ;-- .-... -......,......... 1.1i. I..... "'-I......... . ..." """,, ".LV...,. ",-r1V, ,.. v, i='I ... (0,., Schedule 'A' (~ ICI 300 \If^TEA C"~"€'. WHITjh<; Oll/Y'\R'O CANA.OA. LtN IJ. tiltten sims hubickl' associat08 {aIO} U~9'36.l1 ""X ('" f) Na~22' Town of Newcastle 40 Temperance St. 13owmanYilIe, Onbrio 1.1 C 3'. __ AtteQtio~: Mrs. l.ouAnn Birkett, A.M.C.T.(A) Purchasing and Supply Ager1t OClober 30. 1992 . Re: Tender NW9~30 S&ectSrnxlt lJghdng lnc:~nti"e Program Deaf Mrt_ Birkott: OD Tuc< lay Octohor 6th, 1992 lend'" fOr lb. .bove M.d coDlra,.' were "'cdvej .t the Town Offices. ~ total of 4 bids Viere submitted. T~ble 1 summarise~ the bid details. I . Dundas Hower Line ltd. or Cheste.rville was the lowest bidder aT S 315,671.40 iI:H;hlSi,,<;; of Ct.~.T. We have r~vkwed all tl-.nders. Ic:'.cr.'iv~rl Ancj fO\Jn<l' tht'.m to be. in order. Thl:~'f:: J~'JTc::"rs (0 be no uabaTl:Incing of the. bids submitted. We have bbtaincd trom Dundas Power Lmcthe attached re!c:t'ence list uf :;imilar project's they hRve'. (:odpk,<:':d or ~u. in {be prcceu of completing. Base.d on 0\11' discu&sions with the TO\l.'ll of :Kcmpkvillc aDd the Towuship of MOUDtain we have 110 reason (0 b~lieve the Town of Ncwcastl6 will be. dissatisfied with tile performance of Dundas Powe.r Line Lcd. We r<colrneOd rhat CaniT'" No. NW9:l..3O be awarded '0 the lowesr bidder, [lunda. Power line Ltd. EI\iGINEERS rCH~TfECTS AND PLANNERS 0}.~08/93 15:35 fi'416 686 9807 ONTARIO HYDRO ~005 ... ~ '" "~.~ ... "..., . .".., .....,...." I '. . . a;1J1 ""'\JUVI\'-' '.t~.a 1\ oJ I"''' j. v... J t.u .t1V. ,.J.V................UI J.. U..,J I'. ~, C., . , (', -2- Tha lotal e>>timated cost to the Town or Newcastle Ls as CollOWJ: eo.tdel NWn.30 Total Co~t Grant ~jialble 1) 'f.;:;nr;kr (C".xe:lmiing O.S.T) 295,020.00 285.187.20 2) Con.tingeaeies 44,253.00 441253.00 3) DC$i2n and Tendedll~ Scf\'iccll H,600.00 14,600.00 4)- 'CoD.~t Administration, Site Supervisio%l &. 17,000.00 11,000.00 Inlpution S) Hydto (".onne.ccion r.hargps 50,000.00 50,000.00 6) ~.C.ll...133tbst Storage. Cb3rgf'"s 20.$00.00 20,500.00 Sub Tot<L1 441~313.00 4311540.20 G.s:r. on Sub-i.'otat (~uding 21~7~40 (~ligible) Contingencies) TOTAL ..".11L40 "'1,$40.2.0 ...--.:. The "nd column deuUs the partien of the tetal C~li:t eligible (or grant assis.tance lloder the: Ontario Hydro Street Smart Lighting Inc~nriye Program. Itcnls 2.6 inclusi~c are budg~t ~5timat.e& and '\1m be monitored as part of the Contract AdmiAistration during the: course of-tbe project. All deposit chcquG3 orner than the twO lowair bidders muy now be released. Youa very truly, ~~.~ 1. WOtdleyJ.EDR. . - - . Senior Electrical Bngtne.or IW/nk End: C.c. Mr. W.A.. EvanS, P.Eng_ Mr. D. Patterson Mr. A S. Cannella Mr. p, Doume Mr. D. Akers, Ontario Hydro IQtton :lImo ~ubicl<i e~lPoci~lo~ Schedule I A I THE CORPORATION OF THE TOWN OF NEWCASTLE SCHEDULE OF PRICES FOR CONTRACT NO. NW92-30 This is the SCHEDULE OF PRICES forming Part of the Contract between DUNDAS POWER LINE LTD. and THE CORPORATION OF THE TOWN OF NEWCASTLE, dated 6TH day of OCTOBER, 1992. (Amended) ...... ~. , . .. . . . . -- . .. .. . . . . . . . . TOWN OF NEWCASTLE SCHEDULE OF PRICES FOR CONTRACT - NW92-30 LUMINAIRE INSTALLATION - V ARIOUS LOCATIONS SCHEDULE 'A' Item Description &t. Unit Total Cost No. Qty. Price 1 Remove exiting cobrahead fixtures & bracket 101 $260.00 $ 26,260.00 arm, install 2.4 m bracket arm and HPS cobra head 2 Remove existing Cobrahead fixture, install HPS 1015 $150.00 $152,250.00 cobrahead 3 Remove existing post-top fixture & install HPS 264 $285.00 $ 75,240.00 post -top fixture 4 Remove existing cobrahead/incandescent fixture 6 $50.00 $ 300.00 Schedule' A' Total Cost I $254,050.00 SCHEDULE 'B' Item Description &t. Unit Price Total Cost No. Qty. 1 Supply & install on existing wood pole a) 100 W HPS Cobra 58 $260.00 $15,080.00 b) 150 W HPS Cobra 17 $270.00 $4,590.00 c) 250 W HPS Cobra 1 $300.00 $300.00 2 Supply & install post-top fixture & aluminum pole a) 100 W HPS 5 $1,400.00 $7,000.00 b) 150 W HPS 1 $1,400.00 $1,400.00 3 Supply & install 250 mm dia. wood pole complete with Cobrahead luminaire a) 100 W HPS 14 $700.00 $9,800.00 b) 150 W HPS 4 $700.00 $2,800.00 Schedule 'B' Total Cost $40,970.00 I I I I I I I I I I I I I I I I I I I . ,- . . SCHEDULE 'C' The following unit prices will be used if additional work is deemed necessary by the Engineer under paragraph 17 of the General Conditions and will not be included in the tender price. Item Description Unit Unit Price No. 1 Delete 2.4 m. bracket arm & install 1.8 m. arm each ($15.00) 2 Delete 2.4 m. bracket arm & install 3.0 m. arm each $30.00 ( ) indicates a net saving. .>. II- . ~ ~ .- ~ THE CORPORATION OF THE TOWN OF NEWCASTLE SUMMARY OF PRICES FOR CONTRACT NO. NW92-30 HIGH PRESSURE SODIUM (HPS) STREET LIGHT CONVERSION PROJECT - PHASE I SCHEDULE' A' PRE G.S.T. TOTAL $ 254,050.00 SCHEDULE 'B' PRE G.S.T. TOTAL $ 40,970.00 TENDER PRE G.S.T. TOTAL $ 295,020.00 G.S.T. (7%) $ 20,651.40 TOTAL TENDER PRICE $ 315,671.40 : .- .. ~ Council Minutes PRAYERS ROLL CALL Present Were: Absent: Also Present: MINUTES PRESENTATIONS > L TOWN OF NEWCASTLE November 23, 1992 Minutes of a regular meeting of Council held on Monday, November 23, 1992, at 7:00 p.m., in the Council Chambers Councillor Hannah led "the meeting in prayer. Acting Mayor A Dreslinski Councillor L. Hannah Councillor K Hooper Councillor M. Novak Councillor J. O'Toole Councillor D. Scott Mayor D. Hamre (On Vacation) Chief Administrative Officer, L. Kotseff Director of Community Services, J. Caruana Fire Chief, M. Creighton Director of Public Works, W. Evans Treasurer, M. Marano Director of Planning and Development, F. Wu Town Clerk, P. Barrie Resolution #C-757-92 Moved by Councillor Novak, seconded by Councillor Hooper THAT the minutes of a regular meeting of Council held on November 9, 1992, be approved. "CARRIED" Acting Mayor Dreslinski presented to Alfred Alldread, Deputy District Chief, Newcastle Fire Department, Station #2, the Fire Marshal's Certificate, Medal and Pin in recognition of 25 years of service to the residents of the Town of Newcastle. Personnel and Industrial Relations Certificates from Durham College were presented to Maureen Reid, Executive Assistant to the Mayor by Acting Mayor Dreslinski and to Jan O'Neill, Administrative Assistant to the Director of Public Works by Councillor Hannah. Council Minutes OTHER BUSINESS Fencing In Downtown Area BY-LAWS - 14 - November 9, 1992 Resolution #C-746-92 Moved by Councillor Hooper, seconded by Councillor Scott THAT the Director of Public Works meet with representatives from the RIA and advise them that we wish the fencing removed from the trees in the downtown area as they are becoming a nuisance value and costly and we feel they are no longer needed. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-747-92 Moved by Councillor O'Toole, seconded by Councillor Dreslinski THAT the foregoing Resolution #C-746-92 be amended by adding the following thereto: "and that the Director of Public Works prepare a report to be submitted to the General Purpose and Administration Committee on the results of this meeting." "CARRIED" The foregoing Resolution #C-746-92 was then put to a vote and CARRIED AS AMENDED. Resolution #C-748-92 Moved by Councillor Hannah, seconded by Councillor Hooper THAT leave be granted to introduce the following by-laws, and that the said by-laws be now read a fIrst time: 92-216 being a by-law to authorize a contract between Dundas Power Line Ltd., in respect to the Street Smart Lighting Program for the Town of Newcastle; and 92-217 being a by-law to authorize the entering into an agreement with Kiddicorp Investments Limited the owner of Plan of Subdivision 18T-90010 and the Corporation of the Town of Newcastle in respect of Plan 18T-90010. "CARRIED" Council Minutes - 15 - November 9, 1992 BY-LAWS Resolution #C-749-92 Moved by Councillor Hannah, seconded by Councillor Hooper THAT the second reading of By-laws 92-216 and 92-217 be approved. "CARRIED" Resolution #C-750-92 Moved by Councillor Hannah, seconded by Councillor Hooper THAT the third and final reading of By-laws 92-216 and 92-217 be approved. "CARRIED" Resolution #C-751-92 Moved by Councillor Hannah, seconded by Councillor Hooper THAT the second reading of By-law 92-198 be approved. "CARRIED" Resolution #C-752-92 Moved by Councillor Hannah, seconded by Councillor Hooper THAT the third and fmal reading of By-law 92-198 be approved. "CARRIED" Councillor Hannah made a declaration of interest earlier in the meeting and refrained from discussion and voting on the confrrming by-law. CONFIRMING BY-LAW Resolution #C-753-92 Moved by Councillor Hooper, seconded by Councillor O'Toole :i. ..... THAT leave be granted to introduce By-law 92-218, being a by-law to confirm the proceedings of the Council of the Town of Newcastle at this meeting held on the 9th day of November 1992, and that the said by-law be now read a frrst time. "CARRIED" -r. q z .~30 ~lW(ttstre _.~.. ,T-'~'----".---'-' .,-.-.-..... ~ ONTARIO -....- November 13, 1992 Ontario Munic' ~Board 180 Dundas s~:i West Toron~~, ;9ntario M5G lE~ / Dear/Sir: RE: TENDER NW92-30, STREET MART LIGHTING PROGRAM BY-LAW 92-216 - OUR FILE: FI8.oU This will advise that the following resolution was passed by Council on November 9, 1992: "THAT Report TR-93-92 be received; THAT Dundas Power Line Ltd., Chesterville, Ontario with a total bid amount of $135,671.40, being the lowest responsible bidder meeting all terms, conditions and specifications of Tender NW92-38, be awarded the contract for the Street Smart Lighting Program, as required by the Department of Public Works; THAT the award be subject to Ontario Hydro's approval for an interest free loan under the Street Smart Lighting Program; THAT in accordance with Section 64 of Ontario Municipal Board Act, authorization be obtained from the Ontario Municipal Board prior to the execution of the contract; and THAT the attached By-law authorizing the Mayor and Clerk to execute the Agreement be approved." By-law 92-216, being a by-law to authorize a contract between Dundas Power Line Limited in respect to the Street Smart Lighting Program for the Town of Newcastle, was passed by Council on November 9, 1992. - ~l -~.~......_.... t ''': 3, r;le A TlTNTION T8WN Or- ,~r.~ "! r OPiES TO ... .'~ ....''''".,.,,~. - 1 f0l~~. ! ';1 tOl{ '3 CORPORATION OF THE TOWN OF NEWCASTLE 40TEMPERANCESTREET' BOWMANVlllE' ONTARIO. llC3A6' (416)623-3379' FAX623-4169 ~f . ~-; :, ~.,.. DCJ'. nrevel rOJ'N'rn " . .' Ontario Municipal Board Page 2 November 13, 1992 I enclose herewith, a copy of Report TR-93-92, for your information. I also enclose 3 certified copies of By-law No. 92-216. By-law No. 92-216 is being forwarded to you for your approval. Will you please return one copy of By-law No. 92-216 which bears your stamp of approval. Yours truly, Marie P. Knigh Deputy Clerk MPK/km cc: M. Marano, Treasurer L. Birkett, Purchasing Agent I W. Evans, Director of Public Works. ~ ,# . .. , f THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 92-216 Being a By-Law to authorize a contract between Dundas Power Line Ltd. in respect to the Street Smart Lighting Program for the Town of Newcastle THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS AS FOLLOWS: 1 . That, (subject to the approva~ of Ontario Hydro for an interest free loan under the Street Smart Program), the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Town of Newcastle, and seal with the Corporation Seal, a contract between Dundas Power Line Ltd. and said Corporation. 2 . That this By-Law not take effect until approved by the Ontario Municipal Board, pursuant to Section 64(1) of the Ontario Municipal Board Act. By-Law read a first 'and second time this 9th day of November, 1992. By-Law read a third time and finally passed this 9th 1992. day of November,